Common use of Termination by the Tenant Clause in Contracts

Termination by the Tenant. 17.1 If the Tenant does not take up occupation of the Room, or if the Tenant vacates the Room before the end of the Tenancy Period, that alone will not terminate this Agreement. 17.2 The Landlord is under no obligation to agree to a request for early termination from the Tenant. If the Tenant wishes to end this Agreement before the Tenancy Period expires, the Tenant must apply to the Management Company stating when the Tenant wishes to end their tenancy and include with their application £100 + VAT on account of the Management Company’s costs for arranging an early termination of the tenancy. 17.3 On receiving an application for early termination from the Tenant, the Management Company will review its waiting list and, if necessary (and subject to the Tenant agreeing to pay any additional costs), advertise the Room as available to let. 17.4 If a suitable replacement tenant agrees to take a tenancy of the Room at the Rent for the remainder of the Tenancy Period, the Landlord will agree to end this Agreement PROVIDED THAT: 17.4.1 the Tenant has complied with clauses 12.1, 12.3 and 12.4; 17.4.2 the replacement tenant has signed a tenancy agreement and procured a guarantor (or paid the Rent in full in advance); 17.4.3 the Tenant has paid Rent and any default charges or Damages that accrued up to the date of termination. 17.5 If this Agreement or the tenancy is terminated under this clause 17, the Landlord shall arrange to refund the balance of the Deposit and any pre-paid Rent relating to the period after termination of this Agreement to the Tenant after deducting: 17.5.1.1 outstanding Damages and default charges; and 17.5.1.2 the Managing Agent’s reasonable fees for re-advertising, finding a replacement occupier and arranging a new tenancy agreement if those fees are more than the £100 + VAT paid on account with the application for early termination. 17.6 If during the Tenancy Period the Room or Flat is damaged by an insured risk so as to be uninhabitable or inaccessible and the Landlord or Management Company are not able to offer the Tenant reasonably suitable alternative accommodation, the Tenant may end this Agreement by giving notice to the Management Company (but if suitable alternative accommodation is provided, the Tenant must accept it). 17.7 If the Tenant terminates this Agreement or the tenancy as permitted by this clause 17, the Tenant shall remain liable for the Tenant’s obligations that accrued up to and including the date of termination.

Termination by the Tenant. 17.1 If C2.1 In this Agreement the Tenant does not take up occupation of the Room, or if the Tenant vacates the Room before the end of the Tenancy Period, that alone will not terminate this Agreement. 17.2 The Landlord is under no obligation to agree to a request for early termination from the Tenant. If the Tenant wishes to end this Agreement before the Tenancy Period expires, the Tenant must apply to the Management Company stating when the Tenant wishes to end their tenancy and include with their application £100 + VAT on account of the Management Company’s costs for arranging an early termination of the tenancy. 17.3 On receiving an application for early termination from the Tenant, the Management Company will review its waiting list and, if necessary (and subject to the Tenant agreeing to pay any additional costs), advertise the Room as available to let. 17.4 If a suitable replacement tenant agrees to take a tenancy of the Room at Property and pay the Rent throughout the Tenancy Period. There is no cooling-off period or automatic right for the Tenant to cancel this Agreement. It is the Tenant’s responsibility to make sure that the Property is suitable for their needs, and that they are willing to pay the Rent for the remainder full Tenancy Period. The Landlord will not make any refund, allowance or concession against the Rent unless the Landlord is in serious or persistent breach of the Landlord's Obligations in this Agreement. C2.2 If the Property is not fit for habitation and available with vacant possession for the Tenant’s occupation within 8 weeks after the start of the Tenancy Period (where the Tenancy Period is for 56 weeks) or on the first day of the Tenancy Period (where the Tenancy Period is for 48 weeks or fewer) the Tenant shall be entitled to terminate this Agreement by giving the Landlord written notice to that effect. C2.3 If any one or more of the Tenants seeks consent to leave the Property before the end of Tenancy Period, the Landlord may (entirely at their discretion) either: (a) Refuse the request, in which case the Tenant will remain bound by this Agreement; or (b) Agree to a surrender of the tenancy and agree to end this Agreement PROVIDED THAT: 17.4.1 the Tenant has complied with clauses 12.1, 12.3 and 12.4; 17.4.2 the replacement tenant has signed a tenancy agreement and procured a guarantor (or paid the Rent in full in advance); 17.4.3 the Tenant has paid Rent and any default charges or Damages that accrued up to the date of termination. 17.5 If this Agreement or the tenancy is terminated under this clause 17, the Landlord shall arrange to refund the balance of the Deposit and any pre-paid Rent relating to the period after termination of this Agreement to the Tenant after deducting: 17.5.1.1 outstanding Damages and default charges; and 17.5.1.2 the Managing Agent’s reasonable fees for re-advertising, finding a replacement occupier and arranging grant a new tenancy agreement if those fees are more than to the £100 + VAT paid remaining and/or replacement occupiers on account with similar terms to this Agreement; or (c) Agree to release any one of the application for early terminationTenants from their obligations in this Agreement without releasing the other Tenants. 17.6 If during C2.4 Any agreement by the Landlord under clause C2.3(b) or (c) above, may be subject to any or all of the following conditions: (a) the leaver must find a replacement student occupier(s) who is reasonably acceptable to the Landlord and the remaining occupiers; (b) the continuing and any replacement occupiers must sign an agreement in similar terms to this Agreement for a period lasting at least until the end of the Tenancy Period Period; (c) before the Room or Flat is damaged by an insured risk so as to be uninhabitable or inaccessible new agreement mentioned in (b) above comes into effect, and before any replacement occupier moves into the Landlord or Management Company are not able to offer the Tenant reasonably suitable alternative accommodation, the Tenant may end this Agreement by giving notice to the Management Company (but if suitable alternative accommodation is providedProperty, the Tenant must accept it). 17.7 If compensate the Tenant terminates this Agreement Landlord for or rectify to the tenancy as permitted by this clause 17, the Tenant shall remain liable for Agent’s reasonable satisfaction all subsisting breaches of the Tenant’s Obligations in this this Agreement; (d) any departing occupier, continuing occupiers and any replacement occupier must have agreed and noted in writing how the Deposit is to be dealt with; (e) the Tenant must pay the Landlord’s costs in consideration of the early termination of the tenancy at the Tenant’s request, but the amount claimed must not be higher than the loss suffered by the Landlord as a result of the termination of the tenancy, including any payment to the Agent in consideration of arranging the termination of the tenancy; (f) the Tenant will only be released from their obligations from the point where the Landlord re-lets the Property, so that accrued up termination produces no financial loss to and including the date of terminationLandlord.